Wednesday, September 15, 2010

I urge you to consider supporting Neil Abercrombie for Governor of Hawai'i. Please go to this link: http://www.neilabercrombie.com/index.php/main/more/native_hawaiians/ to read about Neil's efforts on behalf of Native Hawaiians in everything from Hawaiian homestead, federal recognition, education, healthcare and even the restoration of Kaho'olawe. Neil Abercrombie has been a strong voice for Hawai'i's original inhabitants, and his support has been constant.

On a personal level, he was one of my father's closest friends during their University of Hawai'i graduate school days. Our 'ohana followed Uncle Neil's advocacy efforts as a Board of Education member, state legislator and eventually U.S. Congressman. Uncle Neil's core values and deep compassion for the people of Hawai'i have never changed - he has remained pono in his character and aloha for all things Hawaiian. Even in his personal life, he embodies the values that we cherish: when my father was dying, Uncle Neil flew all the way from Washington D.C. to say aloha in person. And whenever my keiki and I were in Washington D.C., he would go out of his way to honor my father's memory by pouring into his mo'opuna.

There isn't a man I trust more than Neil Abercrombie to lead Hawai'i forward in a way that preserves the rights of kanaka maoli, and honors Hawai'i's original inhabitants.

Lawyers for four non-Hawaiian students challenging the Kamehameha Schools admissions policy are still pressing their case before a federal appeals court, but Kamehameha officials say the lawsuit had nothing to do with their recent announcement that a student without Hawaiian blood will be admitted this year.

Ann Botticelli, Kamehameha vice president for community relations and communications, said the school was adhering to its policy of giving preference to native Hawaiians. The non-Hawaiian student was among applicants waiting for openings in grades 10, 11 and 12 at the Kapalama Heights, Big Island and Maui campuses, she said.

The student's admission involved an "unusual situation where we had more vacancies than applicants," she said.

Botticelli, however, said the student's admission was "consistent" with the admissions policy that has been upheld in court.

"It does demonstrate that our policy is not an 'absolute bar' to non-Hawaiians seeking admission," she said.

The point is important because some federal judges believe the policy violates federal civil rights laws against race discrimination because it's tantamount to an "absolute" ban on non-Hawaiian applicants.

But other federal judges who have outvoted them say the policy is justified because it addresses long-recognized social and economic disadvantages for native Hawaiians.

David Rosen, a lawyer for the students who are pressing their case before the U.S. 9th Circuit Court of Appeals, said he didn't want to speculate about the effect of the non-Hawaiian student's enrollment, but said, "I don't see how it would affect the case one way or the other."

Kamehameha's admissions practices have long been controversial. Native Hawaiians and their supporters believe the admissions policy is at the heart of the multibillion-dollar estate, while critics say the practice is a violation of civil rights laws.

The pending court case was filed in the wake of a $7 million settlement of a lawsuit by an unnamed non-Hawaiian student known only as John Doe. The settlement was reached in 2007 just before the U.S. Supreme Court was to decide whether to hear the teenager's challenge.It avoided a decision by the high court that, if it had ruled against the school, would have been a devastating blow to the admissions practices, but the settlement did not preclude future lawsuits.

The following year, the four non-Hawaiian students filed a similar civil rights challenge, but Kamehameha objected to the students pressing their case anonymously. In the first lawsuit, the schools did not object.

The students' lawyers contended their clients feared for their safety if their identities were disclosed, but federal judges here denied their request to proceed anonymously.

The attorneys took their case to the appeals court, which wrestled with the school's admissions practices when it granted a rare "en banc" hearing in 2006 in the earlier case.

The issue this time did not deal with admissions, but a three-judge panel still considered it significant.

"Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," Robert Beezer, a senior appeals judge, wrote in the opening of the unanimous opinion.

Beezer wrote that the court was "sympathetic" to the concerns of the four students and their parents, but also recognized the "paramount importance of open courts."

He wrote that the appeals judges might have ruled in favor of the students if they were the trial judge, but that they would not overrule the findings because the trial court "did not abuse its discretion."

This time, it's the challengers to the admissions policy who are asking for a larger "en banc" rehearing.

The court rarely grants rehearings and it's even rarer that the judges overturn the panels' rulings, especially when the decisions are unanimous.

But Rosen and Sacramento lawyer Eric Grant filed their request March 23. Kamehameha filed its opposition May 5.

The appeals court will grant the request only by a majority vote of its 25 members. Judge Richard Clifton from Hawaii has taken himself out of any involvement in the case.The vote would be triggered if at least one of the judges requests the balloting.

It's unclear when a decision on the rehearing will be made. But the passage of time since the final papers were filed May 5 suggests that at least some of the judges might be considering asking for a vote.

Wednesday, March 03, 2010

Re-publishing my e-mail call to pule for John Doe

Aloha kakou,

I wrote this an e-mail to our community on August 8, 2005, a few days after the Ninth Circuit's disturbing ruling in the original John Doe case. It was a good reminder to me this morning, so hopefully it will bless others, too. Me ke aloha, NoelaniSpeaking of John Doe...Yesterday while taking communion I felt Akua's Spirit pressing on my heart with this strong message: "Pray for John Doe."Indeed, in all of my prayers this past week over this gut-wrenching situation, I have neglected to pray for John Doe and his family. I know this might sound strange (even offensive to some) to ask us to pray along these lines. However, I ask us to remember that Princess Pauahi was a follower of Jesus, and He taught that we are to love, forgive and even BLESS our enemies. Even in our hurt and anger over this injustice, let's pray as He did on the cross (the ultimate injustice), "Father, forgive them for they don't know what they are doing." And may Akua show us where we, too, have blind spots which endeavor to separate us from His perfect will for us and for our people Ultimately, pray with me that Akua's maluhia and ho'oponopono will reign in our hearts, in John Doe's supporters' hearts, and in our beloved islands. Me ke aloha, Noelani

Anonymous Plaintiffs' Petition to Ninth Circuit for Anonymity Denied

See article below.

What does this mean? The original lawsuit by the 4 anonymous plaintiffs was dropped after a 2008 ruling by the District Court indicating that they must reveal their identities in order to continue their litigation. However, they reserved their right to appeal that ruling, and indeed they did file an appeal to the Ninth Circuit. This week's decision was the Ninth's Circuit's decision on that appeal. The decision basically says what the District Court's decision said: the constitutional right of a defendant to know the identity of a litigant outweighs these 4 litigants' desire to proceed anonymously for any perceived fear of their safety.

You need to understand that a large part of the plaintiffs' appeal for anonymity was based on internet comments made about and toward them which they took as "threats." As a kahu in our community, I urge all of us to be careful and pono in our postings and conversations about these four and even previous litigants against the Kamehameha Schools. As with John Doe, these four keiki are not our enemies. If you are having a hard time forgiving their families for suing, ask Ke Akua to give you His heart and eyes for them. Then turn any frustration you feel into prayers for them. (Check out my next post, republished from 2005 entitled, "A Call to Pule For John Doe.")

Last year I was so happy to meet a fellow classmate of the first non-native Hawaiian student who gained admission to Kamehameha Schools: Mr. Mohica-Cummings. She told me their class was very pono in their acceptance of him and that they (truly) did not hold anything against him. I was so proud of these students and the way they represented Ke Ali'i Pauahi's legacy and 'Iesu's heart. May we do likewise, even (and especially) on the internet.

Legal skirmishing between the Kamehameha Schools and attorneys challenging the school's admissions policy continues, despite yesterday's federal appellate decision upholding dismissal of the latest legal challenge.The ruling by the 9th U.S. Circuit Court of Appeals came in a 2008 lawsuit filed by four anonymous students who claimed that the school's admissions policy that favors students of Native Hawaiian ancestry violates federal civil rights laws.The ruling upheld earlier decisions last year by Hawai'i Magistrate-Judge Barry Kurren and District Judge J. Michael Seabright that denied anonymity to the student plaintiffs.The plaintiffs agreed last year to drop their suit because they could not proceed anonymously, but preserved their rights to an appeal."Few tenets of the United States justice system rank above the conflicting principles presented in this case: the transparency and openness of this nation's court proceedings and the ability of private individuals to seek redress in the courts without fear for their safety," the appellate court said.Attorneys for Kamehameha Schools argued they would be prejudiced in their defense if the plaintiffs' identities were kept secret.Lawyers for the plaintiffs argued their clients would be in physical danger if they were publicly identified."We are sympathetic to the concerns of the children and their parents, but we recognize the paramount importance of open courts," the court said.David Rosen, one of the attorneys challenging the admissions policy, said yesterday: "I'm not sure what to say about the (9th Circuit) ruling. It looks like the end of the line, although we're considering whether to continue with the appeal."anonymity at issueKamehameha Schools trustees said in a statement: "We have believed from the outset that if this case were to proceed, it should do so as openly and honestly as possible. We understand that these plaintiffs may appeal this decision further, but we are heartened by the consistent, unanimous and affirming legal determinations that have been made so far."Rosen said another challenge to the admissions policy would have to come from a non-Hawaiian student willing to be publicly named in a lawsuit."I'm not sure I would want to be involved in such a case," Rosen said.Rosen and his co-counsel in the suit, Eric Grant of California, are still enmeshed in a legal struggle related to an earlier admissions suit that Kamehameha Schools settled out of court in 2007 for $7 million.That original suit, now called "John Doe One," was filed by Grant and Honolulu attorney John Goemans on behalf of an anonymous non-Hawaiian Big Island student who was denied admission to Kamehameha Schools.The school did not challenge the plaintiff's anonymity in that case, which was appealed all the way to the U.S. Supreme Court.A federal judge here in 2003 upheld the legality of the admissions policy, agreeing with the school's argument that it helped address cultural and socioeconomic disadvantages that have beset many Hawaiians since the 1893 overthrow of the Hawaiian monarchy,The school's assets, including thousands of acres of land bequeathed by Princess Bernice Pauahi Bishop, are worth billions of dollars, making the institution one of the wealthiest nonprofits in the world.Today, Kamehameha Schools occupies a central role in Hawai'i society, in part because of its financial clout and also because of its mission to educate children of Hawaiian ancestry.The 2003 court decision upholding the admission policy was overturned by three judges of the 9th Circuit in 2005, prompting protest rallies, prayer vigils and other gatherings around the state in support of the schools.Lawyers for Kamehameha Schools then won another legal reversal when the full 9th Circuit overturned the 2005 ruling by an 8-7 vote in December 2006.Grant then petitioned the U.S. Supreme Court to hear the case, and the schools agreed to the $7 million confidential settlement on the eve of a high court announcement on whether it would hear the case.legal fees disputeGoemans revealed the $7 million figure to The Advertiser in 2008, saying he was not a party to the settlement, did not agree with it and did not sign it. Goemans died last year.The school filed a state suit on the Big Island against John Doe and his mother and Grant, demanding return of $2 million because of the breach of secrecy.Now the school has expanded its claims in the Big Island case, alleging that the 2008 civil rights suit, dubbed "John Doe Two," was a "copy cat" action filed only after the $7 million settlement figure in John Doe One was revealed."Doe Two was expressly modeled on Doe One ... about five months after Goemans disclosed the purported amount of the settlement in Doe One," schools attorney Paul Alston said in court papers filed last week.Alston is arguing that the John Doe One plaintiffs and their lawyers should be liable for legal fees and expenses incurred by the schools in their now-successful defense of John Doe Two.Rosen said in a declaration filed in the Big Island case that he and his clients in John Doe Two had agreed to sue Kamehameha Schools months before the $7 million settlement was made public. Now Alston wants Rosen to produce records supporting his claims."Mr. Rosen injected himself into the case by offering a one-sided declaration," Alston said yesterday. "All we want is to get at the relevant documents and information.""They're being vindictive," Rosen said yesterday of Kamehameha Schools. "They're trying to run up and cause expenses to Eric Grant and myself."The Kamehameha Schools "continue to spend ridiculous amounts of money" to avoid a court decision on the legality of the admissions policy, Rosen said."We're talking about hundreds of thousands of dollars annually, if not more, to frustrate efforts to find out what the law is," he said.

Wednesday, April 01, 2009

U.S. Supreme Court Rules in Ceded Lands Dispute

Aloha kakou,

Well, the good news is that the Supreme Court's ruling was very limited in its scope and language so it cannot be used by opponents in their attempts to dismantle native Hawaiian resources. The Supreme Court did, however, rule unanimously that the Apology Resolution did not cloud the State of Hawai'i's legal title to the ceded lands. The case has been remanded back to the state courts for further action and decision.

With the media's phrasing in its headlines yesterday (e.g., "Native Hawaiians Lose In Top Court," Justices Limit The Reach of Apology to Native Hawaiians") I can understand the potential for disappointment and even anger. However, I want to caution us to be calm and pono in our response. I'm attaching a press release from Kupu'aina Coalition which urges us to look past the headlines to the actual and practical result of yesterday's Supreme Court decision. Indeed, by returning the case to state courts, to be determined in line with state law, the Supreme Court limited its own reach to decide a case like this. The bottomline: the state of Hawai'i's attempt to obtain a federal "stamp of approval" on its actions has actually failed because the Supreme Court limited its own reach and restored this case to the proper venue: home in the islands.

Mahalo to those who prayed and even fasted back in February on the day the high court was hearing this case. Let's continue to pray for Ke Akua's guidance for state lawmakers and state judges who will now decide this case as it moves forward.

Be encouraged!NoelaniNoelani@HawaiiansUnite.comPRESS RELEASE FROM KUPU'AINA COALITION:(For more info, go to http://www.stopsellingcededlands.com/) From: Kupuaina Coalition <kupuaina@gmail.com>Date: March 31, 2009 9:09:06 AM HSTSubject: Listen to the local media with caution regarding "ceded" lands decisionReply-To: kupuainacoalition@googlegroups.comAloha mai kakou,You may have heard by now that the United States Supreme Court has ruled on the "ceded" lands case. Unfortunately, several local media outlets do not explain the Supreme Court ruling adequately and, in my opinion, may inadvertently mis-lead the public.

Upon first glance, anyone might come to the conclusion that the State of Hawai'i can sell ceded lands. But, Kupu'aina reads the opinion differently. When the Hawai'i Supreme Court made its landmark ruling last year placing a moratorium on the sale of "ceded" lands, it did so using both the 1993 Apology Resolution AND relevant state law. When the U.S. Supreme Court came out with its ruling this morning, it only ruled on the 1993 Apology Resolution and not state law. In fact, at the end of its decision, the U.S. Supreme Court made it clear that it has no authority to decide questions of Hawai'i state law or to provide redress for past wrongs except as provided for by federal law. The U.S. Supreme Court sent the case back down to the Hawai'i Supreme Court to proceed in a manner that is consistent with the U.S. Supreme Court's ruling.The Attorney General Mark Bennett, sought to take this "ceded" lands case out of the Hawai'i Supreme Court. Now, however, the U.S. Supreme Court has put the case back into the hands of the State Supreme Court.This morning there are two good interviews on the KGMB website that is helpful to people who want to understand today's ruling.There is an interview withClyde Namuo (OHA Administrator) http://tr.im/Namuo090331 andColleen Hanabusa (Hawaii Senate President http://tr.im/Hanabusa090331.Clyde Namuo explains how this ruling is exactly what the Office of Hawaiian Affairs hoped for once the Supreme Court decided to take up the case. Generally, the reason is because the ruling puts the case back into State court. Senator Hanabusa also explains why, the State, still can't sell "ceded" lands at this time. Hanabusa's statements are contrary to today's Honolulu Advertiser headline which reads, "US Supreme Court says state can sell ceded lands."

Kupu‘āina encourages the public to read the U.S. Supreme Court's short opinion on this issue rather than rely only on media reports. You can access the opinion at www.supremecourtus.gov/opinions/08slipopinion.html-- Kupu‘āina Coalitionstopsellingcededlands.com As well, we know we must address the sense of betrayal that many in our Native Hawaiian community feel on the issue of ceded lands, and in particular the case now pending before the United States Supreme Court. We will not turn a deaf ear to these questions, as difficult as they may be. We have heard the call of the people and we must respond. -- Colleen Hanabusa January 21, 2009

Wednesday, January 28, 2009

Hawai'i state legislature considering ban on sale of ceded lands

This is a pono move by the Hawaiian legislative caucus which was introduced in a press conference at the state capitol this morning. Here is a link to the video and article from KHON news this evening:

The February 25 hearing before the U.S. Supreme Court is just weeks away. If the Justices see mass support for this legislation, they may be more inclined to leave this matter up to the people and leaders of Hawai'i...that is, they'll allow us to resolve the matter "local-style." The fate of these ceded lands should NOT be left to 9 judges at the national level who are not sensitized to the unique history of our islands. We are unlike any other state historically and culturally. The Supreme Court should have no overarching interest in this case because the Hawai'i Supreme Court's decision will not set precedent in other states and therefore does not have national implications. Let's make sure they hear our common voice on this!

On Saturday January 17, 2009, there will be a march and rally against the State of Hawai'i's ongoing attempt to sell the lands which rightfully belonged to the Hawaiian Kingdom at annexation. These lands do not belong to the State of Hawai'i nor to the federal government, but rather they are held in trust for Native Hawaiians for several purposes, including "the betterment of the condition of Native Hawaiians (1959 Statehood Admissions Act).

Make no mistake, selling lands that rightfully belonged to the Hawaiian Kingdom will not benefit kanaka maoli. The Hawai'i Supreme Court acknowledged this in its pono January 2008 decision, citing the Apology Resolution as grounds for preventing further sale of "ceded" crown lands until all claims to those lands are resolved. While Governor Lingle and her staff argue that they are simply trying to clear up a minor legal issue of title to these lands, the ramifications of this legal maneuver are far-reaching...

Already those who seek to dismantle all programs and resources dedicated to the preservation of Native Hawaiians have seized this opportunity to propagate their revisionist Hawaiian history in the national media. Here is a sampling of their egregious statements (see bolded language in particular): "The state and Grassroots Institute of Hawai'i believe the Newlands Resolution of 1898 (the law annexing the Republic of Hawaii to the U.S.), as well as the statehood vote and Admission Act of 1959 and subsequent federal legislation address and effectively dismiss any claims Native Hawaiians may have had." (see this link for the full article -http://www.hawaiireporter.com/story.aspx?a318d495-dcab-4772-862f-00cb4de5b351)

This situation is URGENT. The Supreme Court is scheduled to hear the State's petition on February 25, 2009. Please spread this e-mail far and wide, and please consider the following 3 concrete actions which you can take to prevent further taking of our lands:

MARCH AND RALLYOn Saturday, January 17, 2009, meet at Kapi'olani Park (corner of Saratoga and Kalakaua) for a march (10am) and rally (11:30am). Go to http://www.stopsellingcededlands.com/ for all the information you will need.

FAST AND PRAYWednesday, February 25, 2009 is the day the U.S. Supreme Court will hear the State's petition to overturn the Hawai'i Supreme Court's pono ruling unless the State withdraws its petition first. I URGE US TO FAST AND PRAY AS A PEOPLE. Together, let's beseech Ke Akua to preserve our people by preserving our crown lands. Wherever you live (in the islands or abroad), please consider sacrificing one, two or all of your meals on Wednesday, February 25, 2009 in order to humble ourselves and seek His blessing and protection.

Some valuable Scriptures to help you better understand the Biblical basis for fasting in times like these:FAST FOR DIRECTION (Ezra 8:21, 23, 31) - "I proclaimed a fast...that we might humble ourselves before God, to seek from Him a straight way for ourselves, our children, and all our goods."FAST FOR PROTECTION (2 Chronicles 20:1-30) where three nations were coming against Judah to destroy them. King Jehoshaphat, the king of Judah, proclaimed a fast for the whole nation and they asked the Lord what they should do. God heard their prayer and their fast and gave the people prophetic direction.FAST FOR REPENTANCE AND CONFESSION (Acts 9:3-9) where the apostle Paul was confronted by a resurrected Jesus. He responded by fasting and praying in repentance for persecuting the early church and dishonoring Jesus as the true Son of God.

EDUCATE AND COMMUNICATEI've attached a recent Honolulu Advertiser article at the end of this e-mail which is a very concise description of the legal support for our position as Native Hawaiians. We cannot risk another decision like Rice v. Cayetano from a U.S. Supreme Court which is not fully educated about the unique history of Hawai'i nor fully sensitized to the plight of the aboriginal peoples' of Hawai'i to survive in our homeland. Please take every opportunity to educate yourself (see http://www.stopsellingcededlands.com/) and to communicate with others on this vital matter. It's time for us to wake up, and to wake others up. 'E holopono me ka lokahi!!!

In January 2008, our Hawai'i Supreme Court issued a unanimous decision, authored by Chief Justice Ronald Moon, holding that the state is prohibited from selling or transferring any of the 1.2 million acres of "ceded" lands until the unrelinquished claims of Native Hawaiians to those lands have been resolved through the political process.

Gov. Linda Lingle's administration has criticized this decision and has sought review from the United States Supreme Court, but its criticism and those of others have missed a crucial element of the decision — the state's trust duty to administer the ceded lands for the benefit of both Native Hawaiians and the general public.

The "ceded" lands are those lands that had been the Crown Lands and Government Lands during the Kingdom of Hawai'i and were later "ceded" by the Republic of Hawai'i to the United States as part of the 1898 annexation. These lands were never added to the public lands of the United States and have always been held in trust. In the 1959 Statehood Admission Act, the state accepted responsibility for administering the ceded lands for five trust purposes, including "the betterment of the conditions of Native Hawaiians." The Admission Act required the lands to be managed and disposed of "in such manner as the constitution and laws" of the state of Hawai'i may provide.

In 1978, the people of Hawai'i amended the state Constitution to state clearly that these lands were to be held as a public trust for two trust beneficiaries — Native Hawaiians and the general public.

Although much attention has been focused on the Hawai'i Supreme Court's interpretation of the 1993 Congressional Apology Resolution, it is really the court's reliance on Hawai'i trust law that led to its ultimate conclusion. In examining relevant law — including the Admission Act, the state Constitution, and earlier Hawai'i cases — our Supreme Court found that the state of Hawai'i has a fiduciary duty to Native Hawaiians in relation to the ceded lands. The court said that "the state, as trustee, must adhere to high fiduciary duties normally owed by a trustee to its beneficiaries." These duties include, the court explained, "the obligation that the trustee deal impartially when there is more than one beneficiary."

The Hawai'i Supreme Court found that the facts recounted in the Apology Resolution and similar state legislation put the state, as trustee of the ceded lands, on notice that Native Hawaiians have unresolved claims to the ceded lands. The court concluded that although the Apology Resolution and similar state legislation do not require that ceded lands be turned over to the Native Hawaiian people, they do recognize that Native Hawaiians have unrelinquished claims to the lands. Thus, transfer of the ceded lands by the state to third parties would amount to a breach of trust by favoring the interests of one beneficiary — the general public — over the interests of the other beneficiary — Native Hawaiians.

In this light, the Hawai'i Court's determination that "the Apology Resolution and related state legislation, give rise to the state's fiduciary duty to preserve the corpus of the public lands trust, specifically, the ceded lands, until such time as the unrelinquished claims of the Native Hawaiians have been resolved," makes absolute sense.

In deciding whether an injunction was appropriate, the court stated: "Obviously, without an injunction, any ceded lands alienated from the public lands trust will be lost and will not be available for the future reconciliation efforts." Importantly, the court recognized that monetary compensation in lieu of the lands themselves would be inadequate given the inextricable link between Native Hawaiians and their land. The court thus called for a moratorium on the transfer of these lands "pending final resolution of Native Hawaiian claims through the political process." (Emphasis added.) Similar moratoria have been issued in Alaska while the claims of Alaska natives were being sorted out, in New Zealand while a process to resolve the Maori claims was being established, and in Arizona to protect lands claimed by the Pueblo Indians.

Recently, the Lingle administration filed its brief in the U. S. Supreme Court which argues that Native Hawaiians have no legal claim to the ceded lands. This position is inconsistent with the Apology Resolution, similar state legislation, and the proposed Akaka Bill, all of which recognize that the overthrow of the Kingdom of Hawai'i was illegal and that the Native Hawaiian people have unresolved claims to the lands. The administration has also incorrectly asserted that the Hawai'i Supreme Court found that the state does not have good title to the ceded lands. In fact, the opinion expressly stayed away from that issue and explained that "the issue of Native Hawaiian title to the ceded lands will be addressed through the political process."

Clearly, our Supreme Court looked at both the legal and equitable issues involved in this case and sought to strike a balance. Although it declined to rule on the ultimate claims of Native Hawaiians to the ceded lands, the court has protected the lands from dissipation until a political resolution can be achieved. As the court stated:"In this case, Congress, the Hawai'i state Legislature, the parties, and the trial court all recognize (1) the cultural importance of the land to Native Hawaiians, (2) that the ceded lands were illegally taken from the Native Hawaiian monarchy, (3) that future reconciliation between the state and the Native Hawaiian people is contemplated, and (4) once any ceded lands are alienated from the public land trust, they will be gone forever."The Hawai'i Supreme Court's decision is firmly based on Hawai'i's Constitution, statutes and case law, and our state's highest court correctly interpreted Hawai'i trust law to reach both a legally correct and morally just decision.

Saturday, November 22, 2008

Stop the sale of ceded (crown) lands - rally on Monday, 11/24, 11:30am at State Capitol

Aloha kakou,

Please read the following notice regarding a rally THIS Monday, November 24, 11:30am at the Hawai'i State Capitol Rotunda. This lawsuit has been flying below the radar for months now, but was unfortunately recently accepted on appeal to the U.S. Supreme Court. Make no mistake, an adverse ruling by the U.S. Supreme Court could cripple reconciliation efforts, severely diminish Native Hawaiian rights, and lead to the further dismantling of programs intended to restore Native Hawaiians in our homeland.

At the center of this lawsuit is the State's practice (which began in the 1990's) of selling off the 1.2 million acres of ceded crown and Hawaiian Kingdom lands taken over by the U.S. at annexation and now held in trust for the benefit of Native Hawiians. It doesn't take an attorney or a rocket scientist to understand that Native Hawaiians will not benefit from any further taking of our 'aina. And make no mistake, the State of Hawai'i's appeal is part of a larger pattern of ongoing court challenges intended to dismantle programs which serve Native Hawaiians.

Hawai'i courts have already deemed the State's sale of ceded lands as unlawful; hence, the State's appeal to the U.S. Supreme Court. This case will be heard next year unless the State of Hawai'i withdraws its petition. Now is the time to get the word out that this case must be withdrawn by Governor Lingle. As trustee of these lands on behalf of Native Hawaiians, the State is in violation of its duty in pursuing this appeal.

And now is the time to unite as kanaka maoli in Hawai'i and beyond in pule (prayer) that no further damage will be done to Hawai'i's aboriginal inhabitants through such ill-intended and ill-informed legal attacks.

Even if you no longer live in the islands, please still circulate this to your 'ohana and friends back home.

JOIN us at a Rally Demanding that Governor Lingle RESPECT NATIVE HAWAIIAN RIGHTS and WITHDRAW the Unnecessary Appeal of the Ceded Lands Case to the U.S. Supreme Court

WHAT: In Commemoration of the 15th Anniversary of the 1993 Apology Resolution – Native Hawaiians Rally and Call on Lingle to Withdraw the Appeal to U.S. Supreme Court.

WHEN: Monday, November 24th at 11:30 AM

WHERE: State Capitol Rotunda

WHO: You, your 'ohana, and friends in RED shirts.

WHY:Inform the public of the magnitude of this case and the THREAT IT POSES TO NATIVE HAWAIIAN JUSTICE/RIGHTS.

This could prove to be the MOST DAMAGING case on Hawaiian Rights EVER. An adverse ruling could cripple reconciliation efforts, severely diminish Native Hawaiian rights, and lay the foundation for dismantling Native Hawaiian programs.

This is a NON-DIVISIVE issue – a U.S. Supreme Court decision has negative implications for our entire community and EVERY Hawaiian.

The U.S. Supreme Court could misinterpret and reduce the significance of the Apology Resolution, which recognizes the illegality of the overthrow and supports Native Hawaiian rights.

The U.S. Supreme Court has the potential to adversely impact the way the people of Hawai'i deal with issues on a local level. Unlike the State Supreme Court, the U.S. Supreme Court does not know Hawai'i's history and will not be affected by the resolution of local issues.

Governor Lingle's action is wholly inconsistent with her previous support of Native Hawaiians. She must be urged to WITHDRAW this appeal IMMEDIATELY!

Wednesday, October 29, 2008

Ruling on Kamehameha's petition to reveal identity of Doe plaintiffs

A federal judge today ruled that the names of the students seeking to overturn Kamehameha Schools' Hawaiian-preference admission policy must be made public.

In a 22-page ruling, U.S. Magistrate Barry Kurren said the names of the four anonymous students challenging the 121-year-old admissions policy will be disclose 10 days from today.

"The severity of the threatened harm and the reasonableness of plaintiffs' fears do not weigh in favor of anonymity," Kurren wrote.

"At most, plaintiffs are vulnerable children who have a reasonable fear of social ostracization."David Rosen, attorney for the students, declined comment. A spokesman for the Kamehameha Schools could not be reached.

Parents for the students — who are simply known as Jacob, Janet, Karl and Lisa Doe — have said in court papers that they may drop the lawsuit if the children are not allowed to pursue their lawsuit anonymously. The four, who are not of Hawaiian ancestry, applied for admission to Kamehameha in 2008-09 school year, but were rejected.

Kurren's ruling came after he held a one-and-a-half hour, closed door hearing on the matter on Oct. 21.

By issuing a 10-day stay to his ruling, Kurren allowed the student and their parents to consider whether to pursue the action. The stay also allows the Does' attorneys to appeal the ruling to U.S. District Judge Michael Seabright, who is assigned to the case.

Rosen and California attorney Eric Grant have said disclosing the students' identities is will expose them to public humiliation and retaliation and "would almost certainly cause them to abandon the case."

They cited a number a number of anonymous threats posted on the Internet and hostile remarks attached to the comments sections on local news stories about the admissions controversy.

Attorneys for the trust -- Paul Alston and former Stanford University Law School Dean Kathleen Sullivan -- said the anonymity allows the Does' lawyers to portray their clients in a sympathetic light but would give the trust no means to say whether that portrayal is accurate.

They also noted that in the previous lawsuit challenging the school's admission policy, Grant's co-counsel John Goemans abused his client's anonymous status by leaking out the details of a confidential $7 million settlement.

Tuesday, October 28, 2008

Ruling on Kamehameha's petition to reveal names of the 4 new Doe plaintiffs

Court rules names of children challenging Kamehameha Schools must be publicThe plaintiffs have 10 days to decide if they will drop lawsuitBy Associated PressPOSTED: 05:14 p.m. HST, Oct 28, 2008

U.S. Magistrate Barry Kurren has ruled the names of four children legally challenging Kamehameha Schools’ admissions policy must be made public.

The challenge contends the private school system’s 121-year-old preference for Native Hawaiians is at odds with federal civil rights laws. The system operates several campuses on Oahu, Maui and the Big Island.

The children’s parents have said in court papers that they may drop the challenge if the children aren’t allowed to pursue the lawsuit anonymously.

Kurren issued a 10-day stay to his ruling, allowing the students and their parents to consider whether to pursue the lawsuit. The four are not of Hawaiian ancestry. They applied for admission to Kamehameha in 2008-09 school year, but were rejected.

Saturday, October 04, 2008

"Hawaiians For Obama" Position Paper

OBAMA vs. McCAIN ON HAWAIIAN ISSUESOBAMA IS THE PONO CANDIDATEDuring this year’s critical Presidential elections, Native Hawaiians have the opportunity to choose between Barack Obama vs. John McCain. The choice could not be clearer.

NATIVE HAWAIIAN PROGRAMS: Obama, who was born and raised in Hawai`i, cares about the general welfare of Native Hawaiians (i.e. health, education, cultural and language preservation, housing) and supports federal programs for their benefit. McCain and the Republican Party have actively sought to oppose or delete funding for Native Hawaiian programs, including the Native Hawaiian Education Act.

1893 OVERTHROW: Obama supports redressing wrongs arising out of the 1893 overthrow of Queen Liliu`okalani. On October 27, 1993, McCain was one of only 34 Senators to oppose the Apology Resolution during Senate consideration. The Apology Resolution, which eventually became Public Law 103-150, provided a U.S. Apology to Native Hawaiians for the January 17, 1893 overthrow of the Kingdom of Hawai`i and called for a reconciliation process between the U.S. government and Native Hawaiians.

SELF-DETERMINATION: Obama actively supports self-determination and justice for Native Hawaiians through federal recognition legislation (Akaka bill S. 310, H.R.505). He commits to working with Hawai`i’s Congressional delegation and the Native Hawaiian community during the 111th Congress (2009-2010) on self-determination and reconciliation should he be elected President. McCain opposes all self-determination efforts for Native Hawaiians, including federal recognition, on the basis that such legislation is unconstitutional and raced-based.

FEDERAL JUDICIARY SYSTEM: One of the greatest powers of a U.S. President is his appointment of the U.S. Attorney General and Solicitor at the U.S. Justice Department, as well as the appointment of judges and justices for our federal court system, including the U.S. Supreme Court.Until our political relationship is reaffirmed through the formation of a Hawaiian government, which Obama supports, there will continue to be systematic attacks in our federal judiciary system on Native Hawaiian programs, institutions, and rights, including the Office of Hawaiian Affairs, the Hawaiian home lands program, the Kamehameha Schools’ admissions preference policy, and the State of Hawai`i’s current administration and disposition of ceded lands.Native Hawaiians can count on Obama to make the right federal judicial appointments and stop the recent practice of naming ultra conservative justices to the U.S. Supreme Court and other federal courts in our country, including the 9th Circuit. McCain will continue the pattern by President Bush and other Republican Presidents of appointing justices who believe that all state and federal programs for Native Hawaiians are unconstitutional and that Native Hawaiians do not have a collective right to self-determination.

PONO (MAKING THINGS RIGHT): There is so much at stake for our Hawaiian community in choosing between Obama vs. McCain. Obama has genuine and personal compassion for the Native Hawaiian people. McCain will continue to oppose any effort to redress wrongs arising out of the 1893 overthrow. Obama clearly is the pono candidate. Please urge your ‘ohana and friends to vote for Barack Obama.

Saturday, September 13, 2008

Palin and McCain Opposed To Furthering Aboriginal Self-Government

Please click on this active link to read an enlightening article on Governor Palin's questionable track record with regards to Native Alaskan rights and resources, and Senator McCain's opposition to Native Hawaiian self-government. Then remember to vote on November 4 - Native Votes Count!

Saturday, May 24, 2008

Report on Native Hawaiian Caucus and Presidential Town Hall

Aloha kakou,

Mahalo nui loa to the Office of Hawaiian Affairs for hosting our Kaleponi Native Hawaiian community at the recent Caucus and Presidential Town Hall at the University of California @ Irvine. We spent the first part of the morning being briefed on issues specifically pertaining to kanaka maoli by OHA Director Clyde Namu'o and APIA Vote Board member Noe Kalipi. We then spent the balance of the morning with the larger Asian/Pacific Islander American community in attendance, hearing about the issues affecting each of our specific communities.

After an empowering lunch and kukakuka back in our OHA briefing room, we then headed over to the Bren Events Center for a rousing time at the Town Hall. Around 4:30pm, Senator Hillary Clinton appeared via one-way satellite to answer questions she'd been given ahead of time by the APIA Vote Board. She did not have any questions or comments specifically pertaining to Native Hawaiians.

Around 5:15pm, Senator Obama appeared live via telephone and interacted with the panel and crowd for about a half-hour, answering questions directly from the panel. We all smiled when we heard him greet the CNHA from representative from Hawai'i with a friendly, "Eh, howz' it?" Senator Obama received the only question posed to the 3 candidates which pertained to Native Hawaiians. Specifically, he was asked, "If elected, what would your administration do to support the U.S. commitment to reconciliation with Native Hawaiians (promised in the Apology Resolution)? His answer (not verbatim, but per my notes) was basically that having grown up in Hawai'i, he was keenly aware of the attempts to erase our history as the original inhabitants of Hawai'i, and the violation of our sovereignty as a separate kingdom. He indicated that he saw first hand the profound consequences on our people. Then Senator Obama indicated that while we can't erase history, we can still make things right by acknowledging this painful history and seeking to make things right with Hawai'i's original inhabitants.

Senator McCain was not available via satellite or phone, and he did not answer our questions posed through his surrogate speaker.

Mahalo again to the Office of Hawaiian Affairs for giving our Native Hawaiian community in Kaleponi the opportunity to gather and hear from your representatives, and the candidates, on these important issues which affect all of us. And mahalo to all who came out for this historic event!

Wednesday, April 30, 2008

Following is a special invitation from the Office of Hawaiian Affairs to a Native Hawaiian Caucus and to the upcoming Asian/Pacific Islander Presidential Candidate Town Hall. Don't miss this opportunity to be a part of history as we caucus, submit our questions, and then hear from the three major candidates for President of the United States!

Here is all the information from the Office of Hawaiian Affairs' Continental Outreach Coordinator Aulani Apoliona:

The APIAVote 2008 Presidential Candidate Town Hall will be at the Bren Events Center at UC-Irvine on Saturday, May 17th from 4:00 – 7:00 pm.

We see this Presidential Candidate Town Hall as a historical opportunity to listen to Senators McCain, Obama and Clinton. OHA is sponsoring the Town Hall event and we have many tickets to the Town Hall.

We are also purchasing 100 admissions to the Briefing scheduled at the Students Center at UC-Irvine from 10:00 am that same morning.

In addition, OHA is planning to host a Hawaiian Caucus luncheon and panel discussion - free of charge – for our guests attending the 10:00 am briefing and others who want to come early for the Town Hall. Noelani Jai will be the RSVP coordinator.

Seats for the Briefing and the Luncheon are limited, so please ask anyone who is committed to attend to RSVP ASAP.

Here is a summary of what we are offering our Hawaiians for May 17th:

OHA will provide free admission to the first 100 Hawaiians and guests to RSVP their commitment to attend the10:00 am Briefing. We are arranging to host a Continental Breakfast from 8:00 – 9:30 am at a meeting room at the UC-Irvine Students Center. We will gather the Hawaiians before they go into their 10:00 am Briefing

OHA is planning to set up a Native Hawaiian Caucus luncheon and Panel Discussion -also at no charge - to the first 200 Hawaiians and guests to RSVP their commitment to attend. The 200 would include the first 100 attending the 10:00 am Briefing and the next 100 who RSVP their desire to attend both the luncheon meeting and the Town Hall .

OHA will provide free admission and seating to an additional 100 Hawaiians and guests (additional 100 plus the 200 from the luncheon meeting = total of 300 admissions) to the Presidential Candidate Town Hall from 4:00 pm – 7:00 pm.

Wednesday, April 23, 2008

Mano Eating Mano

Saturday, February 09, 2008

News of alleged settlement amount stirs controversy

Aloha kakou,

I was contacted by many of you yesterday, concerned about the alleged amount of the settlement that Kamehameha Schools purportedly paid to the plaintiff and his attorneys in Doe v. Kamehameha last spring. I want to remind all of us that this revelation by attorney John Goemans is not necessarily true. And even if it is true, remember that this case was poised to be heard by an extremely conservative U.S. Supreme Court. So the trustees, in settling the case for whatever amount, were wise in delaying the consideration of this type of lawsuit by the high court. Revisionist Hawaiian history has been increasingly peddled in the national media. It is akamai to delay a decision in such a critical matter until a President (and his/her nominees to the Supreme Court) can be put into place who are knowledgeable about Hawaiian history and the vital role the Kamehameha Schools plays in the restoration of our people.

I know the alleged amount has created quite a stir of emotions, but I want to encourage all of us to pule for Ke Akua's perspective in all of this. As Jesus taught us to pray, "Thy Kingdom come, Thy will be done on earth as it is in heaven." We will not likely feel good about everything that happens this side of heaven. But rest assured that no human court (or lawsuit settlement) has the final word as to our fate. I believe Ke Akua holds the Hawaiian people close to His heart, and that He is still watching over us.

Tuesday, January 22, 2008

Senator Obama Supports Native Hawaiian Rights

I just asked an Obama staffer last night for a comment from the Senator on whether or not he is supportive of our struggle as the indigenous people of Hawai'i. Then this article appeared today in the Honolulu Star Bulletin. Click on this active link to read:

Sunday, December 30, 2007

By this point in their tour of southern California, the haumana are hungry for spam musubi. Many thanks to the Kamehameha Schools' Alumni Association - Southern California Region - for providing spam musubi, Hawaiian Sun juices and nori chicken to 350 starving students this afternoon!

Wednesday, December 26, 2007

Combined Kamehameha Warrior Band Has Landed In Southern California!

Aloha kakou,

All praise to Ke Akua! The Kamehameha Warrior Marching Band arrived on a red eye to LAX early this morning, and wasted no time in already starting rehearsals (see photos) there at the Knotts Berry Farm Hotel parking lot. It was chicken skin for us alumni who live here in SoCal to see such an awesome representation of our alma mater here on this side of the Pacific Ocean! And for me to see one of my lifetime heroes, Mr. John Riggle, who was the director when I was in the band back in the early '80's - still inspiring and leading his students!

I wanted to say mahalo to all those who've donated kaukau, resources and time to help feed the 3-campus marching band during this historic trip to the Tournament of Roses Parade. The SoCal menehune include:

Kama'aina Glee Club under the direction of alumna Sherri Patrick-Corey

Tuesday, November 20, 2007

Historic Combined Kamehameha Schools' Warrior Marching Band To March In Upcoming Rose Parade

Aloha kakou,

While it has been a quiet fall for the Kamehameha community in terms of legal matters (mahalo Ke Akua!) the Schools continue to diligently carry out Princess Pauahi's vision to teach industrious young men and women who will emerge as leaders among our people. Along those lines...

The Kamehameha Schools' Warrior Marching Band will be making a historic trip to Pasadena, California to march in the Tournament of Roses Parade this January 1. This will mark the first time that the marching bands from all 3 Kamehameha Schools campuses will join together to form one band! Under director John Riggle and assistant director Aristotle Santa Cruz, the combined band will make the Kamehameha 'ohana and all of Hawai'i so proud !

If you live here in southern California, and you are interested in participating by donating kaukau (water, cup-o-noodle, apples, oranges, cookies, etc.) or kala to help feed the band (!), then please contact me and I will let you know how you can kokua with our local civic club, glee club and alumni association who are all scurrying like menehune to prepare for the arrival of the haumana, their chaperones and kumu on Dec. 26.

If you don't live here in southern California, be sure to tune in on January 1, 2008! The parade begins at 8am Pacific Standard Time. No miss out!

Friday, July 27, 2007

Mahalo Ke Ali'i Pauahi

Presenting lei ho'okupu to Ke Ali'i Pauahi, July 25, 2007, Mauna 'Ala... My son was blessed to participate in Ho'omaka'ika'i ("Explorations") 2007 this month. Watching all the keiki share their mele, oli and hula at the closing program reminded me anew why our Princess' makana is so very precious. My tears flowed as I heard the haumana respond to their kumu in Hawaiian, describe all the implements they made, and field trips they took to harvest kalo, walk in our Queen's footsteps at 'Iolani Palace, and enjoy the beautiful Kapalama campus. Keiki from over a dozen continental states, even Scotland, and every island participated in this 40th year of Ho'omaka'ika'i.

Mahalo Ke Ali'i Pauahi for your makana that continues to give. We owe so much to you! Mahalo Ke Akua for blessing us with a Princess who was selfless and visionary....and who loved You with all her heart, soul, mind and strength.

Tuesday, June 05, 2007

This Is What It's All About

Kamehameha Schools' Na 'Opio Singers (Kapalama campus middle school) warmed Hope View Elementary School students with the gifts of mele, hula and aloha on a cold, drizzly morning in Huntington Beach, California. The haumana were so pono in their behavior and so incredibly talented that the southern California keiki were absolutely riveted. Maika'i loa!

Our Princess would be so proud of these "good and industrious young men and women" who represented Kamehameha Schools, the state of Hawai'i, and na kanaka maoli so beautifully today. This is really what it's all about.

Monday, May 28, 2007

Response To Threat Of New Litigation Against Princess Pauahi's Trust

Aloha kakou,

I've remained silent thus far, not wanting to give attorney David Rosen any more "air time" than he's already generated with his May 15 e-mail solicitation. However, I received his original e-mail seeking John and Jane Doe's for new litigation (forwarded by William Burgess of Aloha For All, and Richard Rowland of Grassroots Institute of Hawai'i) from over 20 sources in a single day a week ago. While Mr. Rosen may defend his unethical actions by arguing that he simply sent an e-mail to "a couple of supporters," he had to have known that those two individuals would generate significant publicity for his campaign. In the age of the internet, he should have fully expected his e-mail to be forwarded to thousands in a matter of days.

While I'm not surprised that new litigation is "in the works," it nonetheless hurt in my na’au (gut) to see how casually and unabashedly Mr. Rosen spoke of hurting Native Hawaiians (past, present and future). It was particularly disturbing to read his words, “There will be absolutely no cost to the Plaintiffs.” There will be plenty of cost to Native Hawaiians and our keiki, though, as valuable resources continue to be drawn away from their education and spent instead in defense of our Princess' trust.

Mr. Rosen now becomes one player in a long history of individuals who reside in the islands with no appreciation for their native hosts, only to take what isn’t theirs to begin with. The Kamehameha Schools (for all of its controversy) is a true gem to our people. It is the visionary makana (gift) of our last beloved Princess to her children, given even before our Queen was imprisoned and our nationhood robbed. While it is true that her gift was not given to all residents of what would eventually become the state of Hawai'i, Princess Pauahi's intent was not to exclude anyone but rather to ensure the inclusion of Native Hawaiians who had been pushed to the margins of society. She saw the rapid decline of our people (from well over 400,000 at the time of western contact, to fewer than 40,000 when she established her trust), and she felt a burden to assure our survival. In his recent Star Bulletin editorial, Mr. Rosen tried to analogize his actions to the fight for civil rights in U.S. history. But if Mr. Rosen honestly took the time to understand Hawaiian history, especially our unique history as the oppressed, indigenous people of Hawai'i, he would understand the vital role Kamehameha Schools plays in the restoration of na kanaka maoli in our homeland.

So while Mr. Rosen may state that he simply sent an innocent e-mail "to a couple of supporters," in actuality with the casual hit of his computer’s “send” button he hit Native Hawaiians on a wound that has never been allowed to fully heal. Along with my fellow Native Hawaiians, and our extended 'ohana of supporters, I ask Mr. Rosen and his colleagues: "When will the hitting stop?" Enough already.

And I urge all of us to add attorney David Rosen to the list of those we need to forgive before sundown today (Ephesians 4:26). As we know from the last "round" with the original John Doe and his attorneys, anger only hurts us.

Monday, May 14, 2007

Doe v. Kamehameha Lawsuit Settled

Kamehameha Schools and John Doe's attorneys have reached an agreement whereby John Doe has withdrawn his petition for certiorari to the Supreme Court. This means:

(1) First and foremost, Princess Pauahi's intended beneficiaries will continue to be blessed by her visionary gift of education.

(2) The majority opinion of the Ninth Circuit Court ruling of December 5, 2006 will be the last legal word on the Kamehameha Schools' admissions policy. That is, it can be cited as strong precedent for support of Kamehameha Schools' unique mission to serve the indigenous people of Hawai'i, with the blessing of Congress and the ongoing support of the U.S. courts.

[To clarify, John Doe will not be admitted to the Kamehameha Schools, because he already graduated from high school in 2006].

The Kamehameha Schools admissions preference has unfortunately been caught up in a larger political movement seeking to strip aboriginal peoples of the few resources remaining after colonization. The current political climate is not favorable to Native American Indians, Native Alaskans or Native Hawaiians. Therefore, I support the Kamehameha Schools' decision to avoid any further risk associated with fighting this particular lawsuit.

It has been my highest pleasure to serve our community by keeping us united in prayer during these 21 months since the original Ninth Circuit Court ruling. From marching alongside thousands in the heart of San Francisco, to our many prayer vigils (from the islands to different locations on the continent to Iraq), I have been blessed beyond measure to see our people unite at the foot of the cross of Jesus Christ.

As I shared at the San Francisco march and rally, we were at a crossroads as a people. I believe we chose wisely. We put aside our own differences, worked hard to forgive as we've been forgiven, and turned to Ke Akua alone in our distress. I believe He has heard the prayers of His people, and answered by giving us this opportunity to put this matter behind us....starting today.

I pray His blessings on each one of you I've met (in person, or via the web), until we meet again.

Friday, May 04, 2007

No word expected from the Court until at least Monday May 14, 2007

The Supreme Court justices are not meeting today to discuss pending cases. Therefore, the earliest they will meet would be next week - so the earliest a decision on John Doe's petition would be released is Monday, May 14.

Many have asked if this ongoing delay bodes against Kamehameha Schools. One can't really tell, as these meetings are completely private. Personally, I want them to take all the time that they need. My firm belief is that a long, hard look at the case would enable a Supreme Court justice to see his or her way past the plaintiff's rhetoric to the truth - that this is an entirely private trust serving an indigenous people group, with the prior blessing of Congress, and therefore should be left alone; that Native Hawaiians are not a racial classification, but a political classification, given our unique (disturbing) history with the United States government, and therefore deserving of protection (not disruption) by that same government.

Let's continue to pray that our nation's highest judges will have that opportunity...and that clear vision.

Monday, April 30, 2007

No word (again) from the Supreme Court on this official Hawaiian Restoration Day

Re: John Doe v. Kamehameha Schools

Aloha kakou,

The Supreme Court has just now released their Orders on pending petitions and Doe v. Kamehameha is once again NOT on the list, meaning that the Court has not decided yet whether to grant Doe's petition for a hearing before the high court. Although the Orders link on the Supreme Court website (www.SupremeCourtUS.gov) is dated April 24, 2007, the actual pdf is dated April 30, 2007, so I believe my information to you this morning is correct and current. Of course check the Honolulu newspapers for more details later this week.

Mahalo for your ongoing prayers. I urge you to continue to fast and pray for our people as you are led - especially on this official Hawaiian Restoration Day commemorating President Grover Cleveland's and Queen Liliu'okalani's collaborative efforts to have the Hawaiian Kingdom restored three months after the overthrow in 1883.

Monday, April 23, 2007

No word yet from the Supreme Court

Aloha kakou,

The Supreme Court has issued its orders on pending petitions this morning, and Doe v. Kamehameha is still not on the list. That means they have not decided whether or not to grant Doe's petition for a hearing later this fall. The orders are only released on Mondays, after Friday conferences between the justices. Therefore, we shouldn't expect word for at least another week.

Waiting is difficult, but the Lord can use it to teach us many things. So let's wait actively, by continuing to seek Him in prayer and reading of the Word. I believe there are things He wants to show us as we seek His face.

Tuesday, April 10, 2007

A pule in advance of Friday's meeting of the Supreme Court justices

Aloha kakou,

In anticipation of the Supreme Court justices' likely meeting this Friday, April 13, regarding John Doe's petition for a hearing before the high court, please find the pule which our southern California KS alumni and 'Ainahau o Kaleponi Hawaiian Civic Club shared this past Saturday at Huntington Beach pier.

We share this with you in hopes that you will join us in praying this week, particularly on Friday. Feel free to circulate this as you are led.

"Almighty God, we come together this Easter-tide, mindful that even death has been swallowed up in victory by Your resurrection over 2,000 years ago. Lord Jesus, we ask You to breath Your resurrection life into na kanaka maoli, our people. Give us continued hope in the face of these legal battles against the resources intended to preserve us and our culture from extinction. Remind us that our very breath comes from You alone.

Help us to have forgiveness in our hearts for those who continue to pursue this lawsuit, and their supporters. May we remember that Your death on the cross was for the forgiveness of all, including those who have set themselves against our people. Forgive us our trespasses, as we forgive those who trespass against us.

We remember Ke Ali’i Pauahi’s legacy once again, not just her gift of resources to restore our people in our homeland, but especially her heart, full of faith in You, and her example of integrity and courage in the face of personal difficulty and the challenges facing our people when she was dying.

Remind us that nothing is impossible for You. May we have Princess Pauahi’s courage and faith this coming week as the justices of the Supreme Court of the United States meet and confer regarding John Doe’s petition for a hearing.We ask you to protect Princess Pauahi’s legacy, so that throughher selfless gift, our descendants will thrive and prosper for generations to come.

We lift up by name the nine justices of the Supreme Court, and ask that You give them wisdom and insight that will lead them to a pono decision in this lawsuit. Please grant wisdom and insight to Chief Justice John Roberts, Justice Samuel Alito, Justice Stephen Breyer, Justice Ruth Bader Ginsberg, Justice Anthony Kennedy, Justice Antonin Scalia, Justice David Hackett Souter, Justice John Paul Stevens, and Justice Clarence Thomas.

We remember that first and foremost, Ke Akua, our beloved Princess Pauahi loved You, and trusted You alone as the ultimate source of our peoples’ hope and restoration. So we now join together and lift up Your name in theislands, and everywhere: "No ka mea, he Akua nui ‘o Iehova, he Ali’i nui ho’i ma luna o nä Akua apau. For the Lord is a great God, and a great King above all gods."

Thursday, March 29, 2007

Supreme Court justices to confer as early as Friday April 13 - please pule!

Aloha kakou,

Following is a message from Dee Jay Mailer, CEO of the Kamehameha Schools. She indicates that the Supreme Court justices will likely meet on Friday April 13 to decide whether or not to hear John Doe's petition this fall.

Please join me for times of personal and corporate pule between now and then. Together let's beseech Ke Akua to help the Supreme Court justices see the truth.

For those of you in SoCal, please meet me at Huntington Beach pier flagpole (just to the right of the pier), at 9am on Saturday April 7 so we can pule in advance of the Supreme Court justices' meeting in this case. E-mail me at Noelani@HawaiiansUnite.com for more information.

Together with you,Noelani

----- Original Message -----From: CEO MessageTo: CEO MessageSent: Thursday, March 29, 2007 3:53 PMSubject: Supreme Court to Discuss Review of Doe v. KS in AprilAloha kakou! It was just a short while ago that I wrote to you, letting you know that John Doe was requesting a hearing with the Supreme Court and that we had filed our opposition to his request. As we predicted, he has filed his response to our opposition and a date has been set for the Supreme Court to consider whether or not to hear our case. According to our latest information, the Supreme Court may meet to consider this as early as Friday, April 13. If our case is discussed on April 13, the Court is likely to decide on whether to grant Doe’s appeal by Monday, April 16.

We have strongly asserted that this case does not warrant any further consideration. The Federal District Court in Honolulu found in our favor, as did a majority of the judges at the US Ninth Circuit Court of Appeals. If the Supreme Court agrees with us, that this case does not warrant further review, then the Doe lawsuit will be pau. If, instead, the Supreme Court justices decide they do want to hear this case, it will mean several more months of legal filings and arguments, with a hearing before the Court as early as the Fall of this year. If the Court decides to hear our case, we are fully prepared to decisively argue for our rights to serve our Princess's express wishes.

It bears repeating - we have made very strong arguments against having the Supreme Court hear any further appeals from Doe’s attorneys. This case does not raise issues of national importance. There is simply no other school in the country like Kamehameha: founded by a Princess in her sovereign homeland, who bequeathed her private wealth to provide an educational remedy for the ongoing socioeconomic disadvantages suffered by her native people. Furthermore, this lawsuit involves a federal statute, enacted by Congress to protect freed slaves from being locked out of commerce. This is the same Congress that has repeatedly recognized and supported our mission. Thus we believe Congress never intended for this statute to stop our Schools from serving our people, according to our Princess's will. There is no other situation in the United States for which the court’s current ruling in this case establishes a precedent, and we believe that the justices will consider this as they decide which cases from across the entire nation they will review this Fall.

As confident as we may be in our ability to defend our admissions policy, we are aware that we do not defend alone. We know you stand with us and that we need the strength and guidance of a much higher power to resolve this matter with finality. Mahalo for your continuing prayers, care and support as we direct our thoughts and energy toward those who will make these important decisions. As always, you bolster our strength and stand as a strong symbol of our commitment to continue to serve our people in the way our founder wished.

Saturday, March 17, 2007

Kamehameha Schools Opposes Request For Supreme Court Review

Aloha kakou! Kamehameha Schools today filed a legal brief with the U.S. Supreme Court opposing a plaintiff’s request for a Supreme Court review of last December’s 9th Circuit Court en banc ruling, which upheld our preference policy. Our brief, which is available on our website, http://www.ksbe.edu/, opposes the “petition for writ of certiorari” filed by John Doe and his attorney earlier this month. I encourage you to read it.

When a review is requested of the Supreme Court, they evaluate the case with 2 important considerations: 1) whether the decision by the circuit court is in conflict with other court decisions and 2) whether the decision has national importance. Our legal team has presented a strong argument in opposition to Doe’s request, basing our opposition on the absence of these two considerations. To quote from the brief:

“No constitutional issue is presented. The decision neither conflicts with any decision of this Court nor presents any important question that warrants this Court’s attention.” (p. 2)

“Nothing in this ruling extends to any circumstance beyond the Kamehameha Schools, nor the unique statutory setting of congressional programs directed at remedying the damage done to Native Hawaiians by the overthrow of their kingdom and near destruction of their culture.” (p 24)

“Nowhere in the United States does there exist another school like Kamehameha Schools, which is entirely private and not-for profit, and which carries out a remedial educational mission for the benefit of the children of an indigenous people with whom Congress has a special trust and political relationship.” (p. 24)

The opposition brief makes several points in response to Doe’s assertions:

· No “absolute bar.” John Doe claims that because of the limited space in our campus programs, our preference policy amounts to “an absolute bar” for non-Hawaiians. In Nov. 2003, Federal District Judge Alan Kay ruled that no absolute bar exists, because non-Hawaiians are admitted to Kamehameha Schools programs when places are available, as happens frequently in our off-campus programs. He also affirmed that the Trustees continually review the preference policy in light of the demand for enrollment on our campuses and the ever present need to remedy disadvantage which still exists today.· No conflict with Rice vs. Cayetano. John Doe claims that the 9th Circuit Court ruling conflicts with the ruling in Rice vs. Cayetano in 2000, in which the court opened voting for OHA elections to non-Hawaiians. In that case, the court was considering voting rights in a statewide public election. We are an entirely privately-funded school, not a public institution; we receive no federal money. Our circumstances, who we are and how we are funded, are very different.· Congress has supported remedial programs such as ours. Because we are being challenged under a federal statute and not the constitution, the intent and actions of Congress are very important. Congress has repeatedly supported funding remedial measures aimed exclusively at Native Hawaiians. There are more than 85 acts that reflect this. That indicates that Congress never intended for Chapter 1981 (the federal statute in this case) to be used to exclude a remedial program such as ours.· Political status of Hawaiians is being actively debated in Congress Doe has raised the issue of whether Hawaiians have a special political status with the U.S.. As Congress may soon debate this issue, via the Native Hawaiian Government Reorganization Act (the Akaka Bill), judicial intervention is unwarranted while this issue is undergoing active debate in the Congress.

John Doe has ten days to respond to our brief. We expect to receive an answer from the Supreme Court in the next several weeks.

As always, our duty to uphold the wishes of our founder and your steadfast support has been our core strength. As we continue this important battle, we will keep Pauahi’s vision for her people in our hearts and your efforts on behalf of our community in our minds.

Wednesday, March 07, 2007

"USA Today" Cover Story - March 7, 2007

Sunday, March 04, 2007

From my heart...a response to John Doe's Petition to the U.S. Supreme Court

Aloha pumehana kakou,

I write with a heavy heart this evening. I'm sure you know that John Doe's attorneys filed their petition with the U.S. Supreme Court in the case against Princess Pauahi's estate. I have spent two days in deep prayer - unsure of how to respond to something so misleading and hurtful (albeit expected). Then this morning before taking communion with my church 'ohana, Ke Akua told me once again to forgive John Doe's family and their attorneys, and others who have set themselves against the preservation of our people. Indeed, forgiveness is the key that unlocks His forgiveness of our own wrongs committed against others, and makes possible the kind of faith that Jesus said can even move mountains. I urge you to join me in asking Ke Akua to give us HIS aloha and forgiveness in the face of this ongoing legal battle.

What about this petition? They have attempted to tell the Supreme Court that the primary issue in this case is "race discrimination." In this attempt, they've engaged in misrepresentations, revisions of history and wrongful application of laws which were (ironically) intended to protect America's marginalized - and all in the name of their pursuit of a color-blind America. It sounds lofty ("color blind" - who wouldn't stand up and say "Amen!"?) Of all people in the islands, Native Hawaiians understand the importance of equal protection, and the danger of failing to bring everyone, regardless of the color of their skin, into full participation in society. We have paid the price for Western society's failure to include us for too many years.

The fundamental flaw in their legal reasoning, though-- the case law and statutes they seek to apply -- is that these laws have nothing to do with aboriginal peoples like na kanaka maoli (Native Hawaiians), Native Alaskans, or Native American Indians. Rather, the laws which apply are those relating to treaties between sovereign nations, and those regarding the rectification of wrongs committed against the original inhabitants of land now encompassed by the United States of America. They do not apply to the private trust of a monarch, set aside for her peoples' preservation, and established when we were yet a sovereign nation. The Ninth Circuit Court ruling will not harm any other school or student in America because there is no other state whose very history hinges on the overthrow of a sovereign monarchy.

But more than the deficits in their legal reasoning, John Doe's attorneys fail to appreciate the moral implications of their tenacious pursuit of a ruling in their favor: how can they continue to pursue the private gift of a beloved Princess whose sole purpose was PONO - namely to uplift our people from the cycles of poverty, disease and other societal ills thrust on us by Western society? This kind of blind pursuit of equal protection of the laws at any cost has too high a cost for na kanaka maoli, the aboriginal people of Hawai'i. If Kamehameha Schools loses its primary tool (i.e., the admissions preference) to ensure it is serving Princess Pauahi's intended beneficiaries, then those beneficiaries lose. And if we fail to survive as the host people of the islands, everyone loses. Including the John Doe's.

But I have faith that Ke Akua will provoke circumstances to help us prevail in the end - that He will use this to make us stronger as a people - stronger in lokahi, stronger in character, and stronger in faith. Join me in praying for the Kamehameha Schools legal team, especially this month as they respond to the petition within the required 3o-day timeframe. Pray that the Supreme Court justices, when they have both John Doe's petition and Kamehameha Schools' response in their hands, will say "'A'ole no, John Doe!" Pray with me that they will understand this case has nothing to do with race, and everything to do with remedy (i.e., making pono what was done to the aboriginal people of Hawai'i in the wrongful overthrow of our government against our will.)

And pray that until the day this case is pau, we will never lose hope that Ke Akua can, and will, move this mountain.

Together with you for His glory and our Princess' legacy,Noelani("I will lift up mine eyes to the mountains, from whence cometh my help. Where does my help come from? My help comes from the Lord, who made heaven and earth. He will not allow your foot to be moved; He who keeps you will not slumber. Behold, He who keeps His children shall neither slumber nor sleep. The Lord is your keeper; the Lord is your shade at your right hand. The sun shall not strike you by day, nor the moon by night. The Lord shall preserve you from all evil; He shall preserve your soul. The Lord shall preserve your going out and coming in, from this time forth, and even forevermore." Psalm 121)

About Me

My involvement in the movement for justice for Hawaiians began when I read the Ninth Circuit Court's ruling in John Doe vs. Kamehameha Schools (8/2/05). A student at Kamehameha Schools for most of my childhood, I am a direct beneficiary of Princess Pauahi’s gift of education to our people. Like all Native Hawaiians, I was devastated by the court's decision, for it threatened our ability to access this vital resource intended by our Princess for her people who were (and still are) suffering at the bottom rungs of society. In short, her work (and ours) is not pau.
I issued a call to gather. In less than two weeks over 2,000 Native Hawaiians and supporters gathered at the Ninth Circuit Court in San Francisco. We asked Ke Akua for justice on earth for the aboriginal people of Hawai'i. Our struggle continues, but we (like our Princess) place ourselves in His loving hands, knowing that as we humble ourselves and seek Him, He will be faithful to forgive and heal our people and our 'aina.
Let us move forward together in unity, brothers, and sisters. E holopono me ka lokahi.! He inoa no 'Iesu Cristo, Noelani
(Noelani@HawaiiansUnite.com)